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2019 (7) TMI 2009 - HC - Indian LawsLack of jurisdiction and authority - proceedings initiated under Section 7-A of the Employees Provident Fund and Misc. Provision Act, 1952 - period from which the demand is made extends from 1980 to 1995, while the provisions of the said Act came to be made applicable to cleaning and sweeping workers with effect from 01.04.2001 - HELD THAT:- Conjoint reading of the provisions under Sections 40(1) (b), 113 of the MRTP Act and Notification dated 01-06-1973 shows that CIDCO would be acting as special planning authority and as an agent of the State Government. It emerges that CIDCO is new town development authority and special planning authority which has constituted provident fund and is declared to be governed by Provident Funds Act, 1952 for benefits of its members and officers and other employees under notification dated 1st June, 1973 reproduced above does show the same and veracity of the same is not disputed - It is easily discernible that CIDCO would be an authority covered by clause (b) of Section 16 of the EPF and MP Act, 1952 referred to above. Sub-section (3) of Section (1) of the EPF and MP Act, 1952 shows that applicability of the Act would be subject to provisions contained in Section 16 and further that it is not the case of the appellant that their case is covered under sub-section of 4 of Section 1 of the EPF and MP Act, 1952. Having regard to aforesaid, it transpires that CIDCO in present matter as the special planning authority would hardly be said to be governed by the provisions of Employees Provident Fund and Misc. Provisions Act, 1952. In view of the same, it is not found that the Letters Patent Appeal can be entertained on the grounds and the submissions as advanced on behalf of the appellant. Letters Patent Appeal therefore, is dismissed. No order as to costs. In view of dismissal of the LPA and writ petition, the civil applications do not survive and are disposed of.
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